Common use of Real Estate Assets Clause in Contracts

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each applicable Guarantor:

Appears in 13 contracts

Samples: Credit and Guaranty Agreement, Credit and Guaranty Agreement (Atlantic Power Corp), Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

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Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each applicable Guarantor:

Appears in 5 contracts

Samples: Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Intercreditor Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Boise Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain each Material Real Estate AssetsAsset, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (BPC Holding Corp), Credit and Guaranty Agreement (Berry Plastics Corp)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Administrative Agent and Collateral Agent shall have received from Borrower each Company and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 2 contracts

Samples: Pledge and Security Agreement (American Reprographics CO), Credit and Guaranty Agreement (Carmike Cinemas Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from each Borrower and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received or shall so receive in accordance with the terms and conditions of the Post-Closing Letter from Borrower and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Borrowers and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Real Estate Assets. In order to create in favor of Collateral ------------------ Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Equinix Inc), Credit and Guaranty Agreement (Ipc Acquisition Corp)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, the Collateral Agent shall have received from each applicable Borrower and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Material Real Estate Assets, each of which is listed in Schedule 3.1(g) (each, a “Closing Date Mortgaged Property”), Collateral Agent shall have received from Borrower Borrowers and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Education Management Corporation), Credit and Guaranty Agreement (AID Restaurant, Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain the Material Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc)

Real Estate Assets. In order to create in favor of the Collateral Agent, for the benefit of the Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain any Material Real Estate AssetsAsset, the Collateral Agent shall have received from the Borrower and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to Liens permitted to exist pursuant to the Mortgages related thereto and any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each applicable Guarantor:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each applicable Guarantor:Credit Party fully executed and notarized Mortgages, in proper form for recording in all appropriate places in all applicable jurisdictions, encumbering each Real Estate Asset listed in Schedule 3.1(d) (each, a “Closing Date Mortgaged Property”).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower except as agreed to and specified in Section 5.10, Company and each applicable GuarantorGuarantor shall deliver to Collateral Agent:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Administrative Agent and Collateral Agent shall have received from Borrower the Companies and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OneWater Marine Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each Company and/or the applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Borrowers and each applicable Guarantor:

Appears in 1 contract

Samples: Revolving Loan and Guaranty Agreement (Fedders Corp /De)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable GuarantorGuarantor Subsidiary:

Appears in 1 contract

Samples: Credit Agreement (Covanta Holding Corp)

Real Estate Assets. In order to create reaffirm in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable GuarantorGuarantor Subsidiary:

Appears in 1 contract

Samples: Credit Agreement (Covanta Holding Corp)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority first priority security interest (subject to Permitted Liens) in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each applicable Subsidiary Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)

Real Estate Assets. In order to create in favor of the Collateral AgentTrustee, for the benefit of Secured Partiesthe Beneficiaries, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, the Collateral Agent Trustee shall have received from the Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (GXS Investments, Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower the Company and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Administrative Agent and Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest Lien in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Autocam International LTD)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower the Company and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Day International Group Inc)

Real Estate Assets. In order to create in favor of the Collateral Agent, for the benefit of the Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, the Collateral Agent shall have received from each applicable Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Material Real Estate Assets, Collateral Agent shall have received from Borrower Gathering and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Eagle Rock Energy Partners, L.P.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of the Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest Lien in certain each fee-owned Material Real Estate AssetsAsset, Administrative Agent and Collateral Agent shall have received from Borrower and each applicable Guarantor:Credit Party the Mortgaged Real Estate Documents, for each such fee-owned Material Real Estate Asset. (j)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

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Real Estate Assets. In order to create in favor of the Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority first priority security interest in certain Real Estate Assets, the Collateral Agent shall have received from the Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Reprographics CO)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority first priority security interest in certain Real Estate AssetsEstate, Collateral Agent shall have received from Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Credit Agreement (SITEL Worldwide Corp)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain the owned Real Estate AssetsAssets listed in Schedule 3.2(f), Collateral Agent shall have received from Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Keystone Automotive Operations Inc)

Real Estate Assets. In order to create in favor of the Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest (subject to the Intercreditor Agreement) in certain Real Estate Assets, the Collateral Agent shall have received from the Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Revolving Credit Agreement (Source Interlink Companies Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each applicable Guarantor:Guarantor the following; it being acknowledged by all parties hereto that none of the requirements in this Section 3.1(g) shall be required to be delivered with respect to any Real Estate Asset listed in Schedule 3.1(i):

Appears in 1 contract

Samples: Loan Agreement (Ener1 Inc)

Real Estate Assets. In order to create or continue, in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc)

Real Estate Assets. In order to create or reaffirm, as the case may be, in favor of the Collateral Agent, for the benefit of the Secured Parties, a valid andvalid, and subject to any filing and/or recording referred to herein, perfected First Priority first priority security interest in certain Real Estate Assetsreal property, the Collateral Agent shall have received from the Borrower and each other applicable GuarantorGroup Member:

Appears in 1 contract

Samples: Credit Agreement (American Real Estate Partners L P)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower except as agreed to and specified in Section 5.11, Company and each applicable GuarantorGuarantor shall deliver to Collateral Agent:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Requisite Priority mortgage or security interest in certain Real Estate Assets, Administrative Agent and Collateral Agent shall have received the following from Borrower and each applicable GuarantorCredit Party:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Handleman Co /Mi/)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest in certain Material Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (J Crew Group Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured PartiesParties (except for as set forth in Section 5.14), a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain each Real Estate AssetsAsset listed in Schedule 3.1(i) (each, a "CLOSING DATE MORTGAGED PROPERTY"), Collateral Agent shall have received from Borrower the Company and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (International Steel Group Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority mortgage or security interest in certain Real Estate Assets, Administrative Agent and Collateral Agent shall have received the following from Borrower and each applicable GuarantorCredit Party:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Proliance International, Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:: FIRST LIEN CREDIT AGREEMENT EXECUTION 53

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Material Real Estate Assets, Collateral Agent shall have received from Lead Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Pledge and Security Agreement (Tumi Holdings, Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest in certain Real Estate Assets, Lead Arranger and Collateral Agent shall have received from Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (X Rite Inc)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority first priority security interest in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Reprographics CO)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest in certain Real Estate Assets, Collateral Agent shall have received from the Borrower and each applicable GuarantorGuarantor shall have used commercially reasonable efforts to deliver the following to the Collateral Agent on or prior to the Closing Date:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.)

Real Estate Assets. In order to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Second Priority security interest Lien in certain Real Estate Assets, Collateral Agent shall have received from Borrower Company and each applicable Guarantor:

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Autocam Corp/Mi)

Real Estate Assets. In order to create in favor of the Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected First Priority security interest (subject to the Intercreditor Agreement) in certain Real Estate Assets, the Collateral Agent shall have received from the Borrower and each applicable Guarantor:

Appears in 1 contract

Samples: Term Loan Agreement (Source Interlink Companies Inc)

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